This case results from a fall accident that occurred at the James F. Crist Generating Plant (Plant Crist), on October 2, 2017, in Pensacola, Florida. International Fire Protection, Inc. (IFP) was subsequently cited1 by the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) for an alleged “serious” violation of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. §§ 651–678, for violating the scaffolding requirements of 29 C.F.R. § 1926.451(b)(2), with a proposed penalty of $12,934.00.2 After IFP timely contested the citation, the Secretary filed a formal complaint with the Commission charging IFP with violating the Act and seeking an order affirming the citation. The parties stipulated that IFP is an employer engaged in a business affecting commerce within the meaning of section (5) of the Act, 29 U.S.C. § 652(5), and the Commission has jurisdiction of this action under section 10(c) of the Act, 29 U.S.C. § 659(c). (Compl. ¶¶ 1, 2, Answer ¶¶ 3, 4; J. PreHr’g Statement ¶¶1, 2). A bench trial was held in Pensacola, Florida. Pursuant to Commission Rule 90, after hearing and carefully considering all the evidence and the arguments of counsel, the Court issues this Decision and Order, which constitutes its final disposition of the proceedings.3 For the reasons indicated infra, the Court concludes all the elements necessary to prove a serious violation have been established by the Secretary. Accordingly, the citation is AFFIRMED as a Serious violation and IFP is assessed a civil penalty of $12,934.00.